Magistrates court

Orders under the Children's Act 1989 e.g. committing children into local authority care, contact orders and residence orders.

Debt enforcement e.g. gas, electricity, water rates, income tax and national insurance contributions.

Granting and renewing licences e.g. sale of alcohol and betting and gaming premises.

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County court

Courts of first insatance and were created by County Courts Act 1846.

Originally designed for settlement of smallish claims and debts but their jurisdiction has been increased by various statutes e.g. Courts and Legal Services Act 1990.

Cheap, locally based alternative to High Court. They're entirely civil and their caseload consists of contracts, tort (personal injury cases), propety, divorce and other family matters, bankruptcy, admiralt, equity and race relations.

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County court constitutions

England and Wales are divided into circuits, around 170 County Courts. Each circuit has one or more judges who travel circuit hearing cases in County Court. Each County Court also has District Judge who's a solicitor of at least 7 years standing and responsible for courts administration though they may hear small claims.

In 2014, around 170 County Courts throughout England and Wales (signitificant contraction in numbers) e.g. 45 County Courts closed in 212 to save money.

Jurisdiction of CC used to be limited geographically so actions must be brought in where defendant resides/carried theur bussiness or where cayse of action arose. However, Courts and Legal Services Act 1990 removed requirement. The Act increased numbers o claims being heard in County Court by enacting proviso that injury claims up tp £50,000 should be heard in CC rather than HC.

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County court constitutions

In 1980's concerns about effectiveness of civil justice leading review in 1988 (major problems):

Delay awaiting trial.

Cost of litigation was disproportionate to amount involved.

Too many cases were dealt with by higher courts. 30% of HC personal injury cases led to awards below CC levels. Thus important work clogged up in HC.

However, over 10x as many civil actions are commenced in CC as in HC. 1% HC and 10% of CC cases reach trial stage so vast majority settle out of court.

Delays in both courts meant average waiting times to go to CC was 60-80 weeks and to HC 160-180 weeks.

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County court limitation

In civil case, proceedings must be brought within certain time because:

1) evidence will wane as time passes.

2) not considered fair to keep defendant in indefinite legal suspence.

Rule on when to bring action in Limitation Act 1980:

actions for personal injuties must be brought within 3 years.

contractual disputes must be brought within 6 years.

Other actions in tort must be brought within 6 yars.

Disputes involving recovery of land must be brought within 12 years.

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County court small claims

Small claims: In 1973 a special mechanism for dealing with small claims of less than 500 was brought in. Claims would be dealt with by small claims department of county court.

Amounts been raised over years since 2013 stand at £10,000.

Aim of procedure is to help those who might not seek legal redress because costs of trial could outweight any damages sought.

Usually it's District Judge who acts as arbitrator in Small Claims Court and procedure 'user friendly' with claimants ordinarily presenting their own cases.

No legal aid avaiable and expert witnesses aren't normally called to give evidence in these cases.

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County court small claims: are costs justifiable?

Tawil v Cheema (1996)an injury suffered in flight led to award of £750 in damages and aprox £2000 in costs.

Jurors may not be comptetent to understand evidence/issues involved in fraud trials that involve technical terms and complex law that's beyond grasp of most lawyers. Not suprisingly this lack of understanding by jury often leads to defendants acquittal in criminal case.

Queens bench Division

Under Sc 8 of CLSA 1990 COA has power to reduce/increase amount of damages.Power first used 1992 in case brought by Conservative MP Teresa Gorman. Jury awarded her £150,000 in damages by COA reduced to £50,000.

Civil jury guided by judge as to level of damages to award defamation cases, guidelines created in Elton John v MGN (1995) where he sued newspaper for defamation and jury awarded damage of £350,000 that COA reduced to £75,000.

Guidelines by COA:

Juries should be told what usual awards for personal injuries are so juries know what appropriate compensation award for injury to reputation. Idea is that it's wrong that defamation plaintiff should recieve greater damages than plaintiff who rendered a helpless cripple.

Trial judge direct jury as to what's appropriate level of damags by referring to specific figures.

Juries should be told award of damages should be minimum sum necessary to pubish defendant and deter others.

Futher reform came with Defamation Act 1996 that's abolished trial by jury for defamation claims of £10,000 or less.

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Chancery Division

Lord Chancellor is head but doesn't sit in court. Vice Chancellor is real head of division and 12 Puisne Judges assist him.

Deals with cases heard by old Chancery Court so main caseload is equitable matters like trusts, mortgages, specific performance of contracts, rectification of deeds etc.

Deals with bankruptcy matters and probate and hears appeals from CC on bankruptcy matters,

Divisional courts of High Court

Each 3 divisions of HC has Divisional Court where 2-3 judges from that division sit and hear certain appeals and cases.

Divisional with most work is Queens Bench Divisional Court-

most important

special supervisory powers to check whether public authorities/government departments/ government minsiters/inferior courts/tribunals have exceeded own powers-Ultra Vires. Procedure know as Judicial Review.

QBD has 2 further functions-

hear appeals on point of law from criminal cases tried in MC.

hear applications for writ of Habeas Corpus for anyone who claims that they've been unlawfully detained, allows immediate release.

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Court of Appeal (Civil division)

Master of Rolls heads this court

Hears appeals from CC, HC and Tribunals.

Hears appeals on mattters of fact (e.g. new evidence) or law.

Hears 1,600 appeals a year and arguably most important court in country.

Many important changes to law made here.

Appeals to court take form of rehearing of arguments put forward by counsel. Witnesses not usually called/fresh evidence not uually admitted. Court may uphold,amend/reverse decision of lower court, exceptionally it may order retrial.Appeals in court heard by atleast 3 of following:

Lord Chancellor

Lord Chief Justice

President of Family Division of High Court

Master of Rolls(most heard here and Lord Justices Appeal).

Lord Justice of Appeal (Queen on advice of Prime Minister appoints them, must have been barrister for 15 years and practicised as High Court Judge for many years).

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Supreme Court

Created by Constitutional Reform Act 2005 and replaces House of Lords as final uk COA in civil/criminal law.

Hears 80 appeals per year and jurisdiction not confined to English legal system in that it can hear appeals from Scotland and Northern Ireland.

Hears Appeal, thought such appeals can only be made if either COA/SC gives permission.leave to appeal having certified case involving point of law of national importance.